HomeMy WebLinkAbout2005 Ordinance No. 041•
•
•
ORD INANCE NO . ~
SERIES OF 2005
BY AUT HOR IT\
COUNC IL BILL NO . 31
INTRODU CED BY U lUNC IL
MEMBER BRADSHA W
AN ORDI NANCE AUTHORIZING AN fNTERGOVERNMENTAL GRANT
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLO RADO AND TH E
BOARD OF COUNTY COMM ISSI ONERS OF ARA PAHOE , STATE OF
CO LORADO PERTAI N IN G TO TH E MARY CARTER GREENWAY EXPANS ION
AN D BUFFER .
WHER l;;AS, in Nove mb er 2003 the vo ters of Arapahoe Co unty ap proved a
co unt y-wi de sa les and use lax to be use d for spcci ti ed Ope n Space purposes as se t fo r
th e in Co unty Resoluti on No . 03038 1; and
WHEREAS, Co unty Reso luti on No. 03038 1 au th ori zed the Co unty to awa rd
grants to funds from the Open Space Sa les and Use Tax ("Gra nt Funds") to be
distributed to municipalities ; and
WHEREAS , the Cit y of Er.g le wood submitted an applic ati on for th e award gran ts
of fund s fr om th e Open Spa ce Sa les and Use Tax ("Gra nt Funds ") to be distrib uted to
muni cip alitie s; and
WHEREAS. th e Ci ty of Eng le,· ood ha s been awarded an Arapahoe Coun ty Open
Space Prog ram Gran t in th e amoun t not to excee d $2 17,530 .00 for the Mary Ca rt er
Gree nway Ex pansion and Buffer ("Gran t Project"); an d
WHEREAS , thi s Ordin ance wi ll aut ,,orizc the lnt cr gov cm mcnt al Gra nt
Ag reeme nt bet wee n th e Board of Co unt y Com mi ssioners of Arapahoe , State of
Co lorado and th e Ci t" of Englewood fo r th e Mary Carter Gree nway Expa nsio n and
Suffer;
NO\\'. TH EREFORE, BE IT ORDA INED BY THE CITY COUNC IL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
Sect ion_ i The Intergovernmental Gran t Agrci..:mcnt betw ee n th e C'i ty of
Eng lcwuod, Co lorado and the Board of Co unt y Co mmi ss ioners of Ara pahoe, Sta te of
Co lorado fo r th e Ma ry Ca ner Greenway Expansion and Buffer , att ac hed as
"A tt ac hm ent I ", is hereby accep ted and approved by th e Eng lewood C ity Co uncil.
A co py of Exhib it A (th e Gra nt Ap pli ca ti on), to Attachment I
(th e Int ergov ernme nt al Agreemen t), is avai lable in th e Office of th e Englewood Ci ty
Cler k.
S..:ciio n 2. Pur suan t to Arti cle V, Se cti on 40, of th e Eng lewood Home Ruic
Charter , th e Cit y C:o un cil has dctcnnincd th at thi s Ordinance shall be published
with ou t ex hibit s b .. ausc of it s size. A copy or th ose ex hibit s arc ava il ab le in the
Office of th e Eng lewood City Clerk .
-1-
~. The Ma yo r is auth orize d to execute and th e City Clerk 10 allc sl and seai
the lnlergo vcmmen ta l Grant Agreement for and o n behalf o f th e City of Eng lewood ,
Co lorado.
Introduced, read in full , and passed on first reading on th e 15th day of Augus t, 2005 .
Publi shed as a Bill for an Ordinance on th e 19th day of August, 2005.
Re ad by title and passed on fin al reading on the 6'' day of September, 2005 .
Publi shed by title as Ordinance No . ':±L , Series of 2005, on the 9th day of
September, 2005 .
I, Lo ucri shia A . Ellis, City Clerk of the City of Englewood , Coloracio, hereby
ce rtify that the above and foregoing is a true COP,Y of th e Ordin e passe d on final
reading and published by title as Ordinance No . ~.L, Seri so 5. /
1~
-2-
•
•
•
•
•
•
CNTERGOVERNMENT AL AGREEMENT REGARDING
~uU!! GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FU DS
PROJECT NAME: MARY CARTER GREENWAY EXPANSION AND BUFFER
T
T
A
C
H
M
E
N
T
This ln1ergovemmental Agreement ("Agreement "), is made and entered into by and 1
between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAhJE, STATE OF COLORADO, (the "Co unty") and 1he CITY OF ENGLEWOOD,
a municipality and political subdi vision of the State of Co lorado (the "Grantee").
WHEREAS , on November 4, 2003, the voters of Arapahoe County approved a county-
wide sa les and use tax to be used for specified Open Space purposes as set fonh in County
Resolu tion No . 030381 ; and
WHEREAS, Resolution No . 030381 authorizes the County to award grants of funds from
the Open Space Sales and Use Tax ("Grant Funds ") to be distributed 10 mun icipalities, as more
fully set fonh therein ;
WHEREAS, on May 31, 2005 , lhe County approved the Grantee's Project App lication ,
which is attached hereto and incorporated by reference herein as Exhibit A, ("Project
Application"), subject 10 the execution of an intergovernmental agreement and subject to the
terms and conditions contained herein ; and
WHEREAS , the c ,·-~ty desires to enter into intergo vernment al agreements, as a
cond ition of grant approva,, with such municipalities and spec ial districts that have been
approved for grants from 1he County ; and
WHEREAS , 1hese in1ergovcmmental agreements arc authorized by Anicle XIV, Section
18 of the Colorado Constitution and COLO . REV . STAT.§ 29-1-203 (2004 ).
NOW , THEREFORE , the County and the Grantee agree as follows:
I. Amount of Grant. The County agrees to provide Grantee with Grant Funds in the
amount not to exceed $217 ,530 .00 from the Arapahoe County Open Space
Progra m for the Mary Caner Greenway Expan sion and Buffer ("Grant Project").
2. Use of Grant Fund s. The Grantee agrees that it sha ll only use the Grant Funds
for the r.ra:lt Project, as ,el for1h in its approved Grant Applicatio n, which is
attache .,oreto and inc orporated by refe rence herein as Exhibi t "A".
3. Time For Use of Grant Funds . The Grantee agrees that suc h Grant Funds will be
expended by no la1er than one year from the dale of this Agreement , unless a
longer period o f time is otherwise agreed to by the County in writing .
4. Intere st on Grant Funds. The Grantee funh cr agrees that , after receipt of its
Grant, the Grantee will use any interest earn ed un the Grant only for th e Grant
Project as se t fonh in its appro ve d gra nt application.
5. Administration of Grant Proje ct. The Grantee shall be respon si ble for tbe direct
supervi sion and administration of the Grant Project. The County shall not be
liable or res ponsible for any cost ove rruns on the Grant Project. Nor shall the
Count y shall have any duty or obligation to pro vide any additional funding for
the Grant Project if the Grant Proje ct cannot be comp leted with the amount of
Grant Funds awarded by the County to the Grantee .
6. Grant Project Site Vi si ts. Upon 24 hours written notice to the Grantee,
the Grantee agrees to allow the County to make site visits before, during, and/or
at tbe complet ion of the Grant Project.
7. Acknow ledgement of County by Grantee . The Grantee agrees to acknowledge the
County as a contributor to the Grant Project in all publications , news releases and
other publicity issued by the Grantee related to the project and agrees to allow the
County to do the same. If any events are planned in regard to the Grant Project,
the Co unty shall be acknow ledged as a contrib utor in the invitation to such events.
Grantee shall coo perate with the County in preparing public inform stion pieces,
providing photos of the Grant Project from time to time, and providing access to
the Grant Project for publicit y purposes .
8. Required Sign at Project Site. Grantee agrees to erect at least ono sign in a
publi cly visible area in recognition of the grant from the Arap ahoe County Open
Space Program. The location, form, design , and wording of such sign shall be
approved by the County. Such sign shall be ere cted prior to tile completion of the
Grant Project or its public opening , whichever is the ea rli er.
9. Rep o:t Requirements. On or before De ce mber 3 1, 2005, the Grantee agrees to
provide the Co unt y with an an nu al update report that describes the amoun t of
progre ss in completin g the Grant Project , Grant Project milestone s, and the use of
the Grant i ~,1ds to date . Upon completion of th e Gt ant Proj ect , the Grantee also
agrees to submit to the County a final report , including a letter th at certifies what
the Grant Funds ha ve bee n used fo r an d that the Grant Funds have been used in
accordance with County Reso lution No. 03038 I. In addition to the final report ,
Grant ee shall also submit to the County a final project summary th at discusses the
Grant Project and includes photographs of the va rious sta ges of the Grant Project
developm ent, including a ph otogr aph of the Gra nt Project at the time of
completion. The County shall be allowed to use the above photographs in
publicat io ns, public information updates, and on the Coun ty web site. The
Grantee further agrees to provide the County wi th an electronic co py of the final
rep ort and project summ ary along with digital ph otograph s.
•
•
•
•
Failure to Submit Required Repons . Upon written notice from the County 's Open
Space Manager, informing the Grantee that it has failed to submit any required
annual update report and/or final report, the Grantee shall sub mit such repons to
the County through the County's Open Space Manager within thirty (30) days,
and, ,f it fails to do so, the Grantee shall be deemed to be in vio lation this
Agreement. The Grantee shall be ineligible for any futur e Grant l-unds, until and
unles s such reports have been submitted to the County's Open Space Manager.
11 . Record Keeping Requirements . The Grantee shall maintain a complete set of
books and records documenting its use of the Grant Funds and its supervision and
administration of the Grant Project. The County or any of its duly authorized
representatives shall have reasonable access to any books, documents , papers, and
records of the Grantee whic h are pertinent to the Grant Project for the purpose of
making an audit, examination, or excerpts . The Grantee sha ll keep all books,
documents , papers , and records , which are pertinent to the Grant Project, for a
minimum of three years.
12 . Reimbursement of Grant Fends . The Grantee understands and agrees that if the
Grant is not used in accordance with its approved Grant Application and/or this
Agreement, the County may require the Grantee to reimburse the County in the
amount of such Grant Funds that are not used for the Grant Project.
13 . Remedies. The rights and remedies of the County as set forth in this Agreement
shall not be exclusive and are in addition to any other rights or remedies provided
bylaw.
14 . No Waiver of Right s. A waiv~•· by either party to chis Agreement of the breach of
any term or provi sion of this Agreement shall not operate or be construed as a
waiver of an) subseq uent breach by ei ther party.
15 . Changes to Grant Project. The Grantee agrees and understands that its Grant
Project, once it has been approved by the County, may not be changed without the
County's prior approval. Changes must be requested in writing and may not begin
until an amendment to this Agreemen t has been approved J:,y the County .
16 . Transfer of interest in Grant Project. The Grantee understands and agrees that no
land or interests acq uired with the Grant Funds as part of the Grant Pro ;~c t may
be so ld , leased , traded, or otherwi se conveyed , ~o r may an exclusive li cense or
permit on said land or interests be given, without prior approval of the Grantee 's
governing body afte r co nductin g a public hearin ~. The Gra ntee further agrees if
such sale, lease, trade or conveyance is made or an exclusive license or interest
has been given, the proceeds shall be deposited in an open space fund to be used
for purposes co nsistent with Resolution No . 030381 .
17 . Rel atio11s:11p of the Parties. The Grantee sha ll perform all duties a11d obligations
under this Agreement as an independent contractor and shall not b~ deemed by
virtue of th is Agreement to have entered into any partnership, joint venture,
employer/emplo yee , or oth er relation ship with the Co unty.
18. No Third Party Beneficiaries . Nothing in this Agree ment shall give or allow any
claim or right of action whatsoever by any third party , including, but not limited
to, any agents or co ntractors of the Grantee .
19 . Severability. Should any one or more provisions of thi s Agreement be determined
to be illegal or unenforceable , all other provisions nevertheless shall remain
effective ; provided , however, the parties shall forthwith enter into good faith
negotiations and proceed with due diligence to draft a provision that will achieve
the original intent of the parties hereunder .
20. Wriuen Amendment Required. This Agreement may be amended, modified, or
changed, in whole or in part , only by wriuen agreement duly authorized and
executed by the County and the Grantee .
2 1. Venue . Venue for the tria l of any action arising ou t ofany dispute hereunder shall
be in Arapahoe County District Court, pursuant to the appropriate rules of civil
procedure .
22 . Notices. Notices , as referred to in this Agreement, shall be sent to:
COUNTY : Board of County Commi ssione rs of Arapahoe County
5334 South Prince Street
CITY :
Liuleton, Colorado 80166-000 1
and
Arapahoe County Auomcy
5334 South Prin ce Street
Liul eto n, Colorado 80 I 66-000 I
and
Arapahoe County Open Space Manage r
Arapahoe Co un ty Public Works and Development Department
10 73 0 Em Briarwo od Avenue, Suite 100
Centennial, Co lorado 801 12-3853
City of Englewoo d
1000 Englewood Parkway
Engl ewood, Colorado 80 I I 0
4
•
and
Daniel Brotzman , City Attorney
City Attorney's Office
I 000 Englewood Parkwa y
Englewood , Colorado 80110
23 . Applicable Law . This Agreement shall be co nstru ed and enforced in accordance
with the laws of the State of Colorado .
24 . Extent of Agreement. This Agreement constitutes the entire agreement of the
parties hereto . The panies agree that there ha ve been no represent ations made
regarding the subject matter hereof other than those, if any, contained herein , that
this Agreement constitutes the entire agreement of the panies with respect to the
subject matter hereof, and funher agree that the various promises and covenants
contained herein are mutually agreed upon and are in consideration of one
another.
25 . Attorney Fees . If litigation is co mmenced by either pany concerning this
Agreement , the prevailing party shall be entitled to recover its reasonable
attorney 's fees and costs from the other pany.
26. Counterparts . This Agreement may be executed in multiple counterparts, each of
which will be deemed to be an original and all of which taken together will
constitute one and the same agreement.
27. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any
exhibits, applications, resolutions, or other do cuments referenced in this
Agreement shall be incorporated by reference into this Agreement for all
purposes .
28. Section Headings . The he adings for any se ction of this Agreement are only for the
convenience and reference of the parties and are not intended in any way to
define , limit or describe the scope or inten t of thi s Agreement .
29 . Signatures. The signatories to this Agreement rep rc .,r. t that th ey are full y
authori ze d to execute thi s Agreement and bind their re . p cti ve entities.
IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as
of the date set forth below .
DATED this __ day of ______ ~ 2005 .
APPROVED AS TO FORM:
By. _______ _
E~t:rmt! Brotzman
A'ITEST :
By...,.... ______ _
Nancy A. Doty,
Clerk to the Board
APPROVED AS TO FORM :
By: _______ _
Assistant County Attorney
COUNTY OF ARAPAHOE
STATE OF COLORADO
By.-::---,,-,----=--:----,----
Lynn Myers, Chair, Board of County
Commissioners
6
•
•
COUNCIL COMMUNICATION
D ate :
August 15, 2005
Initiat ed By:
I
Ag enda Item:
11 a i
Community D eve lopment
I
Subj ect:
Arapa hoe Coun ty Open Space IGA
I
Staff Source:
Ma rk Graham, Se nior Plann er
PREVIOUS COUNCIL ACTION/COUNCIL GOALS
• O n Jul y 2 1, 2003 , Co un cil app roved th e So uth Platte Ri ve r Open Sp ace Plan as an element
o f Roa dmap Eng lewood: 2003 Englewood Comprehensi ve Pla n.
• Council approved th e 2005 Open Space budget as pa rt of th e Multi-Yea r Capital Project
budge t.
• On January 14, 2005 Cou ncil approve d th e Intergovernmen tal Agreement (IGA) to
participate in th e A rapahoe County Open Space Sha reback progra m that provides th e
match funding for th e ~ project.
• The project supports two Council Outcomes:
1. Providin g and main taining qua lity infras t ruc ture.
2. Provi din g divers e cultural, recreational and ent ertainm ent opportun ities .
RECOMMENDED ACTION
Staff recommends th at Counci l approve a Bill for an Ordinance fo r Englewood l o enter an Inter
Governm ental Agreement (IG A) w ith Ara pah oe Coun ty for the purpose of constructin g
improvements to th e Mary Carter Greenway as per th e grant ap plication • .:ce pted by A rapahoe
Coun ty Open Space an d Tr ails Boar d.
BAC KGROUND AND ANALYSIS
The 2003 South Platte River Plan identifi ed tr ail projec ts th at add capacity and imp rove the quality
of th e r ec reation experience. The Mary Ca rt er Gree nway Expa nsion projec t is a good exa mpl e of
th at combin ati on.
The 2005 Open Space budget includ ed $350,000 of match fundin g for grants and a prio rit ize d
proj ec t 'isl fo r implementing the So uth Pl alle Rive r Plan, including th e "G re enway cru sher fines
ex tens i on," and th e "Bu ffe r pedes trian /bike trail fr om stree t" projects. They w ere combined and
dubbed th e Mary Ca rt er Greenway Buffer and Expa nsi on projec t w hic h w ill bui ld an eight fool wi de
crusher fine pa th a few feet wes t of th e exis tin g concrete trai l fr om about Girard Ave nu e (ci ty limi ts)
north t o D artm outh Avenue. North of Dartm outh, th e exis ting concrete trail w ill be wide ned wi th
about six add iti o nal fee t o f concre te. There was ins ufficient right-of-way w idth to con tin ue th e
crus her fi ne trail to th e north cit 1; sat approxima tely Bate s Ave nue . In the cr usher fines trai l
seg m ent, li vin g grou nd cover and tr ees w ill b e planted and a guard rai l install ed. In additi o n, th ere
w ill b e sig ns encouraging "hi kers " to use th e c ru sher fine trail and "bikers" and oth er w hee led trail
u se rs to us e th e concre te. Signage will be install ed th at ack n owledges South Suburban fo r
ma intaining th e trai l, and Arapa hoe Co unty Open Space and th e Ci ty of En glewood for th eir roles in
providin g th e trail improvem ents.
FINANCIAL IMPACT
Th e project cost es tim ates, base d on p reliminary engineering, are $382,250. Eng lewood is
providing $164,720 o f match funding for a $2 17,5 30 gran t fr om Arapa hoe Coun ty.
ATTACH ~ ENTS
Bill fo r an O rd in ance
•